Fakrusab Hasansab Narendra v. Abdul Aziz Kazi And 2 ORS

WP 122 of 2023 Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.122 OF 2023 WITH WRIT PETITION NO.132 OF 2023, WRIT PETITION NO.131 OF 2023, WRIT PETITION NO.130 OF 2023, WRIT PETITION NO.742 OF 2014 WRIT PETITION NO.122 OF 2023 GORESAB KASIMSAB YARGATTI ... PETITIONER

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ABDUL AZIZ KAZI AND 2 ORS ... RESPONDENTS WITH WRIT PETITION NO.132 OF 2023 MEHBOOBSAAB K. LAKCHANAVAR ... PETITIONER

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ABDUL AZIZ KAZI AND 2 ORS ... RESPONDENTS WITH WRIT PETITION NO.131 OF 2023 HARIDARSAB SURANGI ALIAS HAZARESAB (DEC) THR. LEGAL HEIRS ... PETITIONERS

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ABDUL AZIZ KAZI AND 2 ORS ... RESPONDENTS WITH WRIT PETITION NO.130 OF 2023 FAKRUSAB HASANSAB NARENDRA ... PETITIONER

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ABDUL AZIZ KAZI AND 2 ORS ... RESPONDENTS WITH WRIT PETITION NO.742 OF 2014 SHRI. GORESAB KASIMSAB YARGATTI.

... PETITIONER

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THE BICHOLIM MUNICIPAL COUNCIL AND 2 ORS.

... RESPONDENT Mr Ashwin D. Bhobe and Ms Shaizeen B. Shaikh, Advocate for the petitioner.

Mr. Surendra G. Desai, Senior Advocate with Mr P. H. Sawant, Advocate for Respondent No.2.

13th June, 2023

WP 122 of 2023 Mr P. P. Shirodkar, Advocate for Respondent No.3. CORAM:- M. S. KARNIK, J.

DATED :- 13th June, 2023 P.C.

Learned senior counsel Shri Desai, on behalf of respondent no.2, on instructions, states across the bar that the application for rejection of the plaint under Order VII Rule 11(d) of the Code of Civil Procedure has been allowed.

2. In this view of the matter, nothing survives for consideration in the present writ petitions. It is, however, made clear that should the petitioners succeed in their challenge to the order dated 06.06.2023 passed by the trial Court Below Exhibit D-47, the liberty for restoration of the present petitions is expressly kept open.

3. The writ petitions are disposed of. No costs. M. S. KARNIK, J.

MARIA SUZANA REBELLO SUZANA REBELLO Date: 2023.06.13 16:51:23 +05'30'

13th June, 2023